RES-2023-079RESOLUTION NO.2023-079
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING A CONDITIONAL USE PERMIT TO ALLOW
AN EDUCATIONAL INSTITUTIONS -GENERAL USE CONSISTING
OF A TRANSITIONAL KINDERGARTEN THROUGH 8TH GRADE
PUBLIC CHARTER SCHOOL AND MAKING CERTAIN FINDINGS
IN CONNECTION THEREWITH
(DEVELOPMENT APPLICATION NO.2021-00218)
(2780 EAST WAGNER AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for a conditional use permit to establish an
Educational Institutions -General use for a public charter school with up to 480 students between
Transitional Kindergarten (TK) to 8th Grade, including the remodel of existing buildings for
classroom and school administration use, the construction of a new 5,633 square foot two-story
classroom building, and various ancillary site modifications and landscaping improvements (the
"Proposed Project"), on certain real property located at 2780 East Wagner Avenue in the City of
Anaheim, County of Orange, State of California, as generally depicted on Exhibit A attached
hereto and incorporated herein by this reference (the "Property"); and
WHEREAS, Educational Institutions -General uses are subject to the approval by the
Planning Commission of a conditional use permit pursuant to Subsection .010 of Section 18.14.030
(Uses) of Title 18 (Zoning) of the Anaheim Municipal Code (the "Code"); and
WHEREAS, the Property is approximately 1.93 acres in area and is currently
developed with a church and day care facility. The Property is designated for Low Density
Residential Uses in the General Plan. The Property is located in the "T" Transitional Zone and is
subject to the development standards contained in Chapter 18.14 (Public and Special -Purpose
Zones) and Subsection .040 of Section 18.40.040 (Uses Adjacent to Residential Zones or
Residential Uses) of the Code; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for Implementation of the California Environmental
Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA
Guidelines"), and the City's CEQA Procedures, the City is the "lead agency" for the preparation
and consideration of environmental documents for the Proposed Project; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on July 17, 2023, at 5:00 p.m., with notice of said public hearing having been
duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures)
of the Code, to hear and consider evidence for and against the Proposed Project and to investigate
and make findings and recommendation in connection therewith; and
WHEREAS, the Planning Commission, after due inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence and reports offered at said
hearing with respect to the request to permit the Proposed Project on the Property, the Planning
Commission adopted Resolution No. PC2023-021 finding and determining that the Proposed
Project was categorically exempt from the provisions of CEQA per CEQA Guidelines, Section
15301, Class 1 (Existing Facilities); Section 15302, Class 2 (Replacement or Reconstruction); and
Section 15303, Class 3 (New Construction or Conversion of Small Structures) and approving
Development Application No. 2021-00218 subject to certain conditions of approval described in
said Resolution; and
WHEREAS, on July 25, 2023, and within the time prescribed by Section 18.60.10 of the
Anaheim Municipal Code, an appeal of the Planning Commission's action was filed by Cecilia
Flores (the "Appellant"); and
WHEREAS, in the appeal, Appellant claimed the Proposed Project will increase air
pollution, traffic congestion, and noise levels in the neighborhood. The Appellant also claimed
that the Proposed Project will impact the available parking and create congestion for users of the
Rio Vista Trail; and
WHEREAS, upon receipt of Planning Commission Resolution No. PC2023-021 approving
Development Permit No. 2021-00218, a summary of evidence and a report of the findings and
recommendations of the Planning Commission, and the appeal, the City Council did set the matter
for a de novo hearing, which public hearing was noticed in the matter provided by law; and
WHEREAS, the City Council did hold a public hearing at the Civic Center in the City of
Anaheim on September 12, 2023, at 5:30 p.m. and did give all persons interested therein an
opportunity to be heard, and did receive evidence and reports, and did consider the
recommendations and action of the Planning Commission pursuant to the appeal provisions set
forth in Chapter 18.60 of the Code; and
WHEREAS, the City Council, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of all evidence and reports offered at said hearing
with respect to the request for a conditional use permit, finds that not all of the criteria set forth in
Section 18.66.060 (Findings) of Chapter 18.66 (Conditional Use Permits) of the Code can be made;
and does find and determine the following:
1. That the findings necessary to support the granting of a conditional use permit
cannot be made because the size and shape of the Property are inadequate to support the proposed
480-student school in a manner that would not adversely affect the surrounding neighborhood.
The Property is inadequate in size to provide adequate queuing and on -site vehicular circulation
to accommodate pick-up and drop-off in a manner that does not affect the adjoining streets and
adjoining residential properties; the vehicular queuing is located too close to the adjacent
residential property lines; the Property lacks adequate emergency vehicular circulation during
pick-up and drop-off times; and, proposed conditions are infeasible and do not adequately address
potential negative effects from the Proposed Project, including noise, as proposed. Because of
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these concerns, the Proposed Project as proposed will be detrimental to the health and safety of
the citizens of the City of Anaheim.
WHEREAS, this City Council determines that the evidence in the record constitutes
substantial evidence to support the actions taken and the findings made in this Resolution, that the
facts stated in this Resolution are supported by substantial evidence in the record, including
testimony received at the public hearing, the staff presentations, the staff report, and all materials
in the project files. There is no substantial evidence, nor are there other facts, that negate the
findings made in this Resolution. This City Council expressly declares that it considered all
evidence presented and reached these findings after due consideration of all evidence presented to
it.
NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above findings, this
City Council does hereby deny Development Application No. 2021-00218.
BE IT FURTHER RESOLVED that the time within which a rehearing must be sought
is governed by the provisions of Section 1.12.100 of the Anaheim Municipal Code and the time
within which judicial review of final decisions must be sought is governed by Section 1094.6 of
the Code of Civil Procedure and Anaheim City Council Resolution No. 79R-524.
THE FOREGOING RESOLUTION was adopted by the City Council of the City of
Anaheim this 12th day of September 2023, by the following roll call vote:
AYES: Mayor Aitken and Council Members Rubalcava, Leon, Kurtz and Meeks
NOES: Council Member Diaz
ABSENT: None
ABSTAIN: Council Member Faessel (recusal)
ATTEST:
F
CIT CLERK OF THE CITY OF ANAHEIM
CITY OF ANAHEIM
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EXHIBIT „Are
DEV NO.2021-00218
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Source: Recorded Tract Maps atiftr City GIS.
Please note the accuracy 8s +J- two to five feet.
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Resolution No. 2023-079 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 12�1 day of September. 2023 by the following vote of the members
thereof:
AYES: Mayor Aitken and Council Members Rubalcava, Leon, Kurtz, Meeks
NOES: Council Member Diaz
ABSTAIN: Council Member Faessel (recusal)
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 271 day of September. 2023.
L4CITYLERK OF THE CITY OF ANAHEIM
(SEAL)